Man's life sentence overturned in wake of George Floyd's death

Man’s life sentenced overturned

Houston rapper and activist Trae Tha Truth helps overturn man's life sentence in the wake of George Floyd's death.

HOUSTON - The death of George Floyd is said to also be shining light on inequities in the justice system. Now, a man who was supposed to die in prison has had his life sentence overturned. You can hear for yourself the moment Kevin Fenner Sr. finds out he will soon, once again live outside prison walls.

"First and foremost, how you doing homie?” Houston rapper Trae The Truth asks Fenner. "Yes, sir I’m blessed, man. I’m above ground so I’m still winning,” Fenner answers.

Then in a heart-tugging exchange the 52-year-old, who has been in prison 13 years, finds out he will soon be free.

"I just personally wanted to tell you that we fought for your case and the federal judge just reversed your sentence. So you’ll be coming home” Trae tells Fenner. "No, man. No, man. Are you serious man?” Fenner cries.

"Yes, you will be coming home,” Trae answers and Fenner sobs "I can’t believe, oh man”. He can barely get any words out through his sobs.

"That was a different type of feeling. I haven’t felt that way in a minute. That phone call, I’ll put it like this I won’t play it too many times. It makes me feel a certain type of way,” says Trae The Truth.

"Just because you've committed an offense doesn’t mean you need to be thrown away forever and taken away from your family forever,” says Attorney MiAngel Cody.

The last thing Fenner says on the recording. "I can breathe man. I can finally breathe man".

“At the end where he says I can finally breathe, you know.  We’ve been existing in a time where in the last week or two where we’ve been holding signs saying that we can’t breathe,” says Cody who along with supporters such as Trae The Truth has been fighting to get Fenner released from prison there in Minnesota.

Now after the death of George Floyd, which has opened eyes around the world to inequality, a judge has agreed to set Fenner free.

Fenner was sentenced to life in prison in 2007 under the three-strikes law for possessing a golfball size of crack cocaine.

“He could have sold a suitcase full of cocaine powder and still not received a life sentence. That’s the disparity,” explains Cody who is one of two attorneys in the Buried Alive Project who works for free and has worked with Kim Kardashian West using the 2010 Fair Sentencing Act signed by President Obama to free mostly black men.

"Kevin is our 50th win. He’s the 50th person we’ve saved from a life sentence. I started doing this 6 years ago and we just focus on federal drug lifers".

“It’s been just a lot of hard work and pain and the result is what we’re going through now. He’s getting out,” says Kevin Fenner, Jr. as he wipes away tears.

Fenner has dreamed of having his dad home, for years.

“Just me and him watching a basketball game or watching an old movie that we like. Hearing him on the recording it touched me and I know he doesn’t even cry. So when I heard that, when I was just listening to the video before you called and I heard him cry that’s what made me cry.”

Kevin Jr. is a counselor at a group home and now has three little boys of his own that his dad has never met. "I want to see his expression when he sees my boys. I’m just going to sit back and watch and I would just love to hold him and just tell him how much I love him. It’ll be a blessing, just a big blessing. There will be so many more opportunities for us to start new things. That’s all I ever wanted and a house and dog. I want a house and a dog for my boys,” Kevin Jr. smiles.

“His (Kevin Sr.) experiences, his being in their lives will help interrupt the path that he took so they don’t take the same path,” says Cody.

The two attorneys in the Buried Alive Protect have ten cases pending in court and another 300 case files they are reviewing. The Buried Alive Project is always accepting donations which pays for re-entry scholarships for newly released prisoners.

Kevin Fenner Sr. is expected to be released in the next couple weeks. Kevin Jr. says he hasn’t "felt free" with his dad locked up and says “I can now finally be free".